Granville Community Calendar

Ordinance 16-1986

ORDINANCE NO. 16-86
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1
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AN ORDINANCE TO ENTER INTO AN AGREEMENT WITH THE MEMBERS OF THE
BEECHWOODTH/ ORNEWOOD ASSOCIATION, TO REPEAL RESOLUTION 842-2 AND
ORDINANCE 24-84 AND DECLARING AN EMERGENCY.
WHEREAS:
1. The Village and the Members of the BeechwoodT/hornewood Association
have negotiated a settlement concerning the proposed assessments for the
improvement of Beechwood and Thornewood Drives; and
and
2. Said Settlement requires the execution of a Mutual Release of Claims;
3. A petition has been filed pursuant to Section 723. 04 of the Ohio
Revised Code for the vacation of Beechwood Drive and a section of Thornewood
Drive by the adjacent property owner; and
4. Written consent to said vacation has been filed by all of the adjacent
property owners; and
5. The Council of' the Village of Granville has adopted Ordinance 14-86
vacating said streets; and
6. The members of the BeechwoodT/hornewood Association have agreed to
dismiss Cases #84-L-78458 and #84-L-78504 upon payment by the Village of the
sum of $25, 000 and upon the repeal of Resolution 84-22 and Ordinance 24-84; and
7. The Council has introduced Ordinance 15-86 to reappropriate monies in
the Revenue Sharing Fund to provide for the settlement and to authorize the
payment thereof;
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:
Section I: Resolution 84-22 and Ordinance 24-84 are hereby
repealed; and
Section II: If no referendum petition is filed as to Ordinance
14-86, 15-86 or 16-86 pursuant to Chapter 731 of
the Ohio Revised Code, upon the expiration of the
time period within which a referendum petition
could be filed as to those ordinances, the Manager
is hereby authorized and directed to executed the
Mutual Release of Claims attached as Exhibit A on
behalf of the Village; and
Section III. This ordinance is declared to be an emergency
measure necessary for the immediate preservation of
c the public health and safety of this Village, and
for the purpose of implementing the settlement of
pending litigation against the Village, and
provided this ordinance receives the affirmative
vote of 5 members elected or appointed to council,
it shall be full force and effect on the earliest
date permitted by the Charter of the Village.
Passed this (2= dayo,198.F.
U 0 4 Ma* or
Clerk of Council
APPROVED AS TO FORM:
AA*o¢*UL_
Law Director
BY:
ST:
EXHIBIT A
MUTUAL RELEASE OF ALL CLAIMS AND DEMANDS
This Agreement made and concluded at Granville, Ohio, effective this day
of 1986 by and between the Village of Granville, Ohio, an Ohio
Municipal Corporation and the BeechwoodT/hornewood Association, an unincorporated
association, consisting of Julius W. Blum, Carolyn A. Blum, Kennard B. Bork,
Katherine 0. Bork, William H. Overholser, Theresa S. Overholser, Charles Wagner,
Audrey J. Wagner, William H. Scheer, Robert F. Sylvester, Jr., Phyllis E.
Sylvester, Priscilla Ballard-Pfalzer, Jean-Claude Pollet, Linda B. Pollet, Beverly
A. Handel, Harry Winter, Nancy B. Karlsberger, H. Jack Donald, Hazel B. Donald,
Edward Erle Richards, III, Sheila A. Richards, Mark A. Schuetz and Veronica B.
Schuetz, said members signing this Agreement as members of said Association and
individually.
WITNESSETH:,THAT:
WHEREAS, the Village had previously passed legislation to improve Beechwood
and Thornewood Drives by levying assessments against the property owners; and
WHEREAS, the members of the Association have filed two lawsuits to halt the
levying of said assessments, said suits being pending in Common Pleas Court of
Licking County, Ohio as cases numbered 84-L-78458 and 84-L-78504; and
WHEREAS, the Village has rescinded the assessments and has passed legislation
to vacate Beechwood and Thornewood Drives; and
WHEREAS, said parties have agreed to compromise and adjust all of said
controversies and differences, the initial steps of which compromise require the
vacation, the payment by the Village to the Association or its designee of the sum
of Twenty Five Thousand Dollars (2$5, 000. 00) and the dismissal of the lawsuits;
NOW, THEREFORE, in consideration of said Agreement, of the payment of said sum
of Twenty Five Thousand Dollars (2$5, 000.00)t,he passage of the vacation ordinance
and the dismissal of the lawsuits, the receipt and adequacy of which consideration
is mutually acknowledged, each of the parties hereto does hereby release and
forever discharge the other, their respective heirs, executors, administrators,
successors and assigns from any and all claims, demands, damages, actions and
causes Of action wha tsoever, past, present and future, arising out of the
condition, maintenance, construction and reconstruction of the roadways known as
Beechwood and Thornewood Drives.
IN WITNESS WHEREOF, the parties have hereunto set their hand on the dates
opposite their signature below:
SIGNED IN THE PRESENCE OF:
as to 1
THE VILLAGE OF GRANVILLE, OHIO,
an Ohio Municipal Corporation
BY: Date
as to 1
1
as to BEECHWOODTH/ ORNEWOOD ASSOCIATION
as to
as to
as to
as to
as to
as to
as to
Date
Date
Julius W. Blum, individually
Date
Carolyn A. Blum, individually
Date
Kennard B. Bork, individually
Date
Katherine 0. Bork, individually
Date 7
William H. Overholser, individually
Date 8
Theresa S. Overholser, individually
Date
Charles Wagner, individually
Date
Audrey J. Wagner, individually
Date
William H. Scheer, individually
Robert F. Sylvester Jr
Date 12
individually
Date 13
Phyllis E. Sylvester, individually
Date 14
Priscilla Ballard-Pfalzer, individually
Date 15
Jean-Claude Pollet, individually
Date
Linda B. Pollet, individually
Date
Beverly A. Handel, individually
Harry Winter, individually
Date
Date 19
Nancy B. Karlsberger, individually
Date
H. Jack Donald, individually
Date
Hazel B. Donald, individually
Date 22
Edward Erle Richards, III, individually
Date 23
Sheila A. Richards, individually
Date
Mark A. Schuetz, individually
Date 25
Veronica B. Schuetz, individually
BY: 2
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